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  • kramesh_babu
    08-20 03:58 PM
    once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.

    I fully agree.





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  • jasmin45
    10-03 02:24 PM
    Greetings,

    Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.

    Below is the summary FYI only.

    1. Expect further retrogressions on the visa bulletins

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July

    3. Do not expect premium processing to be re-instated for I-140s for a while

    4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.

    5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not

    6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    8. Backlog Elimination Centers (BEC) should be up to date in one month

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.

    10. 20% of PERM cases are being denied

    11. Atlanta’s motions for reconsiderations should be processed faster soon

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!

    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    17. The US consulates and CBP are Googling you!





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  • zCool
    03-29 01:13 PM
    This is called RFE. If it's the "BIG RFE"
    they are nowadays asking for pretty much EVERY SINGLE PIECE of RECORD for past 3 yrs.
    All wage reports for ALL Employees, W2s for All employees, Client letters,
    Tax returns and whatever else they can think of. If you've gotten one of those BIG RFEs . then it may take some time





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  • reddog
    11-03 10:43 AM
    I would be very cautious about her overstayin without getting the extension in hand.
    I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
    The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
    If the officer is just doing his duty, he will not.
    The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
    And your mom-in-law mentioning the baby when she entered does not help at all.
    Overstay is still handled in an adhoc fashion at the airport counters.
    But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).



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  • h1jail
    08-08 09:29 PM
    Hello,

    I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.

    I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.

    Thanks!





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  • digitalrain
    06-26 06:53 PM
    Thank you for the advice.



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  • needhelp!
    03-16 02:50 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
    Thnaks!
    Please fax/email if any of you get the responses.





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  • Honda
    09-08 11:42 PM
    Freecall2India are offering totally unlimited free calls to India and 70 destinations without any registration or credit card means no obligations. Just dial the access number and you are connected, no password, PIN, security code, caller ID
    HOw to use this service
    1)
    If you are calling from
    USA dial 631-763-1059 (This is New York Number -Long Island east)
    For more access numbers visit the website

    2)Select the language you want to use
    3) Dial the destination Number in format Country code + Destination number (e.g. �919491234567�) without 011 or 00
    You call will be connected instantly without any delay or Advertisement
    No ads or call delay
    No Registration required at anytime.
    Call quality may or may not be that good.It is free so we cannot complaint.

    Things to Note
    Average call may last from 8 to 10 minutes or may be more.
    http://freecall2india.com/index2.php


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    India - New Delhi
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    Thank you.



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  • rb_248
    07-27 07:13 AM
    I tested it. It works great. Admins must consider creating a link for this on the main page of IV. Good job.





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  • wandmaker
    04-03 06:59 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.

    You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.



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  • stirfries
    12-01 06:28 PM
    Hello,

    My case is unique. We applied for our AP(for both myself and my spouse) through our Attorney on October 21st and the online case status for our AP petitions changed to,
    "Document Production or Oath Ceremony" on November 16th.

    Our case notes also said,

    "On November 16, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283".

    It has been 12 Postal business days since the document was mailed out and our Attorney is yet to receive it.

    Today I called up USCIS customer service enquiring about my petition. I was told by the CSR that, the "Document Production" doesn't necessarily mean that the document was sent out. It merely means that the Petition was approved and they have moved on to the next step of "Producing" / "Printing" the actual document and once it is produced/printed, it would be mailed out. She also asked me to call them back, 30 days after November 16th, if I still didn't receive the documents.

    Whatever the CSR said, contradicts the case notes which clearly says, the Document was mailed out.

    Any advises on what I should do?

    I have an upcoming Travel by last week of December and I would really like to have my AP document on hand before I exit out of the the country.

    Any clues or advises would be highly appreciated.

    Thanks,





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  • eb3_nepa
    11-06 04:49 PM
    It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.


    What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?



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  • Motivated
    10-26 01:38 PM
    Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"

    he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........

    Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)





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  • r_mistry
    01-18 12:13 PM
    You can stay out side for 3 years in a 5 year period.

    So i guess i'm good till July, 09 to move to Canada if needed.

    Thanks!!!



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  • pradeep_s
    12-19 11:41 PM
    Hi,

    I have my I-140 approved in EB2 category (applied in Feb 06), at present
    in H1b (paperwork valid till Nov. 07). I would like to know
    whether there are any problems in going to India and getting
    my visa stamping done.

    Are there any legal issues - like you cannot travel abroad while your I-140 is
    approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
    I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
    is Jan 03).

    Any suggestions/comments/advice greatly appreciated.

    pradeep





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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.



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  • vladdrac
    06-06 05:30 PM
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  • EB3June03
    06-25 06:47 PM
    So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.

    I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.

    Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)

    View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information

    Did any of you folks run into similar situation?





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  • chanduv23
    04-27 10:15 AM
    Ok, lets ignore or shut this down.





    michael_trs
    05-13 10:06 AM
    Here are my concerns:

    1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don�t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.

    2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don�t really need it because I have Master�s. But I don�t want DOL to decide that requirements are too high or restrictive.

    What do you think?
    Thank you,





    ingegarcia
    04-17 09:08 AM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    My guess would be to report it with Labor Department instead...